2107.71
Civil action to contest validity of will.

(A)
A
person interested in a will or codicil admitted to probate in the probate
court that has not been declared valid by judgment of a
probate court pursuant to section
2107.084 of the Revised
Code or that has been declared valid by judgment of a probate
court pursuant to section
2107.084 of the Revised
Code but has been removed from the possession of the
probate judge, may contest its validity by filing
a complaint in the probate court in the county in which
the
will or codicil was admitted to probate.

(B)
Except as otherwise provided in this division, no person may contest the
validity of any will or codicil as to facts decided if it was submitted to a
probate court by the testator during the testator's
lifetime and declared valid by judgment of the probate court and filed with the
judge of the probate court pursuant to section
2107.084 of the Revised Code and
if the will was not removed from the possession of the probate judge. A person
may contest the validity of that will, modification, or codicil as to
those
facts if the person is one who should have been named a party defendant in the
action in which the will, modification, or codicil was declared valid, pursuant
to section
2107.081 or
2107.084 of the Revised Code, and
if the person was not named a defendant and properly served in
that
action. Upon the filing of a complaint contesting the validity of a will or
codicil that is authorized by this division, the court shall proceed with the
action in the same manner as if the will, modification, or codicil had not been
previously declared valid under sections
2107.081 to
2107.085 of the Revised
Code.

(C)
No person may
introduce, as evidence in an action authorized by this section contesting the
validity of a will, the fact that the testator of the will did not file a
complaint for a judgment declaring its validity under
section 2107.081 of the Revised
Code.